Anyone know about top up Maintenance

[OxfordMum90]

I'm currently receiving the max child maintenance from my ex.

He is a high earner and supports his eldest son from a previous marriage with schooling and an incredible monthly allowance. Not to mention the money he pays separately to his ex wife.

I've never asked for more than the child maintenance amount. But in September I'm going into the final year of my 2nd degree, so will be out of work, due to placement I need to complete to graduate.

I desperately need a car and help with child care cost. Legally under certain laws (children act, schedule 1)you can make claims for additional financial support, if the father earns above the child maintenance threshold. I have asked him as we are amicable, but he has said he doesn't want to jeopardise his ex wife's and son's standard of living to assist with childcare costs. I don't think it would affect them one bit.

He lives in a house worth over £2.5m alone. Has a variety of sports cars etc, property in different countries, you get my point.

I live in social housing, very small property, not had a car for a year. No debt, but I also no savings, I live month to month. But I get buy, I'm starting to worry as the lifestyle differences are so obvious now, especially with my son and his elder son I'm concerned my son will eventually notice how different they are treated.

Not sure what to do and if I should escalate it. We get on well, but I think he's just been lucky that I'm not a fighter, but now I feel I need this extra help until I'm back at work.

Has anyone experienced this, any advice would be great. I hear mums net is savage... But I'm here for it. Lol

@Skeptadad

CMS if for the child not for you to have a car etc. Even if you could say it would be nice to have a car, how often would that car be used for your child and how often would you be using it?

A majority of this language is what you are entitled to. Not what your child is entitled to. It reads like you want your ex partners wealth to subside your life/career.

The OP can spend child maintenance on whatever she wants.

@spottyshowercap

I would not trust that solicitor that advice does not sound correct and sometimes solicitors may lead you on so that you'll follow up with a paid appointment at which you are let down gently.

I would have thought the CM with that salary would be sufficient to pay for your dc needs in addition to child benefit?
If not, generally it's advisable to stay in work and save until you can afford to be unemployed through your studies.

Whatever you may think, the solicitor's advice sounds broadly correct.

The OP is entitled to top-up child maintenance to reflect the father's actual earnings.

The OP can make a Schedule 1 claim to meet the housing needs of herself and her child.

If she wants her son to be privately educated, she can make a claim for the school fees (or at least a contribution towards them) from the father in addition to maintenance.

There has been dome dodgy and some downright wrong "advice" from posters who I presume are simply ignorant of the law rather than malicious.

The post above sums up the position nicely.